Summary: We will not investigate this complaint about repairs to a footway. This is because the complaint is late and there is not enough evidence of fault in the Council’s more recent actions.

The complaint

1. Mr X says the Council was wrong to close a walkway due to disrepair more than three years ago. He says that pedestrians have to cross four pedestrian crossings or walk beside a busy dual carriageway. He says this is particularly dangerous when local sporting events take place

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended).
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide
• there is not enough evidence of fault to justify investigating, or

• further investigation would not lead to a different outcome, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council in 2024 regarding the matters in paragraph 1.
6. The Council replied in April 2024 explaining there was a structural defect in the footway because it was being undermined by fault in canal infrastructure. It said it was liaising with the appropriate body to expedite repairs. Pedestrians were directed to use the opposite footway.
7. Mr X complained again in late 2025. He asked how long the works would take.
8. The Council replied the footway was too dangerous to reopen. It said the appropriate body was now repairing the canal wall. While the footway was closed the Council said it had provided a safe and signed diversion.
9. We will not investigate this complaint because it is late and there are no good reasons for this.
10. We will not investigate the ongoing issues from early 2025 because there is not enough evidence of fault by the Council to warrant investigation. The Council explained the repairs were not within its control, but it had liaised with the appropriate body. It provided a safe diversion in the meantime. Further investigation by the Ombudsman would not change the outcome.

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Final decision

11. We will not investigate Mr X’s complaint because it is late and there is not enough evidence of fault by the Council in recent actions to warrant investigation.

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Investigator's decision on behalf of the Ombudsman